Author: Timothy Sandefur
The Eleventh Circuit Court of Appeals in Atlanta doesn’t usually broadcast oral arguments in its cases, but the judges have made an exception today. C-SPAN radio (click here to listen) will be covering the arguments in the challenge to the Obama Administration’s health insurance legislation, at 3:45 eastern, 12:45 Pacific time. This is the big case in which more than half of the states are challenging the constitutionality of the law on a variety of grounds. PLF filed this friend of the court brief in the case.
Never before have more than half of the states gone to court to challenge the constitutionality of a federal law. But of course, never before has Congress claimed that it has the constitutional power to force everyone in America to buy a product from a private company. Given the unprecedented nature of this case, both sides are bringing out the big guns. Obama Administration Acting Solicitor Neal Katyal will argue the government’s side, and Bush Administration Solicitor General Paul Clement will argue the case, before a panel of three judges, one appointed by the elder President Bush, and two appointed by President Clinton.
Update: I am live blogging the oral argument here.